Tenant Refuses to Leave After Property Purchase in Turkey: Legal Remedies for Foreign Owners – 2026 Updated Guide

What can a foreign property owner do when a tenant refuses to leave after buying property in Turkey? Learn the 2026 rules on new-owner eviction, the one-month notice, six-month period, mandatory mediation, eviction undertakings and court proceedings.

Buying a property in Turkey does not automatically give the new owner the right to remove an existing tenant immediately. This is one of the most important issues foreign buyers encounter after acquiring an occupied apartment, house or commercial property.

A foreign buyer may complete the title deed transfer expecting to move into the property, only to discover that the existing tenant refuses to leave. The seller may even have promised that the tenant would vacate immediately after completion.

Under Turkish rental law, however, the tenant’s legal position generally survives the sale. The new owner normally replaces the former owner as landlord under the existing lease. Consequently, changing the locks, removing the tenant’s belongings, cutting utilities or attempting physical eviction can expose the owner to substantial legal risk.

The good news for foreign buyers is that Turkish law provides several lawful eviction mechanisms. One of the most important is the special right of a new property owner who genuinely needs the property for residential or workplace use. Strict deadlines apply, particularly the one-month written-notification requirement following acquisition.

For a foreign owner facing a tenant who refuses to leave in 2026, speed and procedural accuracy are therefore essential.

Does the Tenant Have to Leave Because the Property Was Sold?

No.

The sale of the property does not itself terminate the existing tenancy.

Under the Turkish Code of Obligations, when ownership of leased property changes, the purchaser generally becomes the new party to the existing lease relationship.

This means the buyer effectively steps into the former landlord’s position.

The tenant cannot be evicted merely because the title deed now shows a different owner.

Instead, the foreign purchaser must identify a legally recognized ground for termination and follow the appropriate procedure.

This distinction should ideally be understood before purchasing an occupied property.

Can a Foreign Owner Evict the Tenant to Live in the Property?

Potentially, yes.

Turkish law provides an important remedy where the new owner genuinely requires the property as a residence or workplace.

The statutory framework permits the new owner to seek termination where there is a genuine need for the property for the owner, the owner’s spouse, descendants, ascendants or another person whom the owner is legally obliged to support.

This is commonly known as new-owner need-based eviction.

However, ownership alone is insufficient.

The need must be genuine and the procedural requirements must be followed correctly.

A foreign purchaser who simply wants to remove a low-paying tenant and immediately rent the property to somebody else at a much higher rent should not assume that personal need can be used as an artificial eviction ground.

The One-Month Notice Deadline Is Extremely Important

The first month following acquisition can determine the foreign buyer’s eviction strategy.

Where the new owner intends to rely on the special acquisition-based procedure, written notice must be given to the tenant within one month from acquisition.

This is one of the most important deadlines in Turkish landlord-tenant law.

Suppose a foreign buyer acquires an occupied apartment on September 10.

The buyer genuinely intends to live there but waits three months before contacting a lawyer.

That delay may affect the availability of the special acquisition-based route.

Foreign buyers who require vacant possession should therefore obtain legal advice immediately after acquisition, and preferably before the title transfer.

What Should the Written Notice Say?

The notification should clearly communicate the ownership change and the new owner’s legally relevant need for the property.

Because proving timely notification may later become important in litigation, the method of notification should also be selected carefully.

Informal communication through a telephone call or casual message can create unnecessary evidentiary disputes.

The owner should be able to establish what was communicated, when it was communicated and when the tenant received it.

Where a statutory one-month deadline can determine whether a particular eviction route remains available, proof of notification is critical.

Can the Tenant Be Removed Six Months After Purchase?

Not automatically.

This point is frequently misunderstood.

Where the statutory requirements are satisfied, the new owner may pursue the acquisition-based termination procedure after six months from the acquisition date.

But six months does not mean that the owner can arrive at the property on the first day of month seven and physically remove the tenant.

If the tenant refuses to leave voluntarily, the owner must use the legally prescribed dispute-resolution and judicial process.

In most qualifying rental disputes, mandatory mediation must also be considered before filing the eviction lawsuit. Turkey introduced mandatory pre-litigation mediation for rental disputes from September 1, 2023, subject to statutory exceptions. The system remains applicable in 2026. (Türkiye Cumhuriyeti Adalet Bakanlığı)

Mandatory Mediation Before an Eviction Lawsuit

This procedural step is particularly important for foreign property owners.

Under Article 18/B of the Mediation in Civil Disputes Law, disputes arising from rental relationships generally require an application to mediation before litigation, except for the statutory exception concerning eviction through non-judicial enforcement under the Enforcement and Bankruptcy Law. (Adalet Bakanlığı)

The Ministry of Justice confirms that rental disputes have been subject to mandatory mediation since September 1, 2023. (Türkiye Cumhuriyeti Adalet Bakanlığı)

Therefore, a foreign owner pursuing a conventional eviction lawsuit should not simply prepare a petition and file it directly with the court.

The procedural prerequisite must first be satisfied where applicable.

If mediation results in settlement, the parties may agree on a specific departure date, payment arrangement or other terms without continuing into lengthy litigation.

What Happens During Mediation?

Mediation gives the owner and tenant an opportunity to negotiate a legally structured solution.

For example, the tenant may agree to leave within sixty days rather than face an eviction lawsuit. The owner may agree to waive certain claims or provide additional time for relocation.

The Ministry of Justice has reported substantial use of the mandatory mediation mechanism in rental disputes, including settlements involving eviction. (Türkiye Cumhuriyeti Adalet Bakanlığı)

For a foreign owner whose primary objective is obtaining possession rather than pursuing a prolonged dispute, a carefully structured mediated settlement can sometimes provide a commercially efficient result.

If no agreement is reached, the owner can proceed with the appropriate litigation route after satisfying the mediation requirement.

Can the Foreign Owner Use the Property as a Second Home?

This requires a fact-specific analysis.

The statutory need must be genuine, sincere and sufficiently established.

A foreign buyer may genuinely need a Turkish property for regular residence even if the buyer has another home abroad. The existence of foreign property does not necessarily determine the Turkish case by itself.

However, the owner should be prepared to explain the actual intended use.

The stronger the evidence demonstrating genuine residential necessity, the stronger the owner’s position may become.

Artificial or contradictory explanations can create problems during litigation.

What Evidence Can Prove the Owner’s Need?

Evidence depends on the particular circumstances.

A foreign owner intending to relocate to Turkey may have immigration documentation, employment arrangements, family circumstances or other evidence supporting the planned residence.

A buyer who purchased the property specifically to live near family may rely on evidence demonstrating that situation.

Where the property is required as a workplace, the intended professional or commercial use may need to be established.

The owner should therefore develop the evidence supporting personal need before the eviction case reaches an advanced stage.

Can the Tenant Be Evicted Because the Owner Wants Higher Rent?

Not merely for that reason.

A new owner may discover that the existing tenant pays substantially below current market rent.

This can be frustrating, particularly where the property’s purchase price was calculated on the assumption that market-level rent could immediately be charged.

However, low rent and personal need are different legal concepts.

The owner should not manufacture a false personal-need claim simply to replace the tenant.

Rent adjustment, rent determination and eviction have separate legal frameworks.

What If the Tenant Stops Paying Rent?

Non-payment may create a separate eviction route.

The owner should distinguish between a tenant who pays regularly but refuses to leave and a tenant who also fails to pay rent.

Where rent remains unpaid, Turkish law provides mechanisms for pursuing the debt and, where the legal conditions are satisfied, eviction.

The notices, payment periods and procedural route must be handled correctly.

This is also relevant to mandatory mediation because Law No. 7445 expressly excludes certain eviction proceedings through non-judicial enforcement from the general rental-dispute mediation requirement. (BASIN VE HALKLA İLİŞKİLER MÜŞAVİRLİĞİ)

A lawyer should therefore determine whether the most appropriate route is need-based eviction, enforcement-based eviction for unpaid rent or another statutory ground.

What If There Is a Valid Eviction Undertaking?

Another important possibility is a written eviction undertaking previously provided by the tenant.

A valid undertaking may provide a separate route to obtaining possession if the statutory requirements are satisfied.

However, foreign purchasers should never assume that every document titled “eviction undertaking” is automatically enforceable.

Its date, circumstances of execution, wording and compliance with legal requirements should be examined.

The Ministry of Justice has itself highlighted the legal distinction between an ordinary statement in a lease and a legally relevant eviction undertaking. (Türkiye Cumhuriyeti Adalet Bakanlığı)

If the seller claims that the tenant has already signed such a document, the foreign buyer should obtain the original or a reliable copy before purchasing the property.

What If the Seller Promised Vacant Possession?

This can create a second dispute.

Suppose the purchase agreement states that the property will be delivered vacant, but after title transfer the tenant refuses to leave.

The buyer may have rights against the tenant under rental law and separate contractual rights against the seller.

The seller’s liability depends on the sale agreement, representations made, allocation of possession risk and other circumstances.

Foreign buyers should therefore preserve advertisements, written communications, sale contracts and messages in which vacant possession was promised.

A tenant dispute does not necessarily eliminate a separate claim against a seller who breached an express contractual commitment.

Can the New Owner Change the Locks?

Self-help eviction is extremely risky and should be avoided.

A landlord should not attempt to bypass lawful eviction procedures by changing locks while the tenant is absent.

The same applies to physically removing belongings or preventing access to the leased property.

Even where the owner strongly believes the tenant has no right to remain, possession should be recovered through lawful procedures.

A title deed proves ownership. It does not give the owner unrestricted authority to disregard an existing tenant’s possession rights.

Can the Owner Cut Electricity, Water or Gas?

Using utilities as pressure to force a tenant out can create significant legal risk.

Foreign owners should not attempt to achieve indirectly what they cannot lawfully achieve directly.

The proper approach is to establish the legal ground for termination and pursue the required notification, mediation, litigation and enforcement steps.

Aggressive self-help measures can complicate an otherwise strong eviction case and potentially expose the owner to additional claims.

What If the Tenant Refuses to Pay Rent to the New Owner?

After the ownership transfer, the tenant should be properly informed of the change of landlord and future payment arrangements.

The foreign owner should provide reliable payment information and preserve proof of notification.

If the tenant continues paying the former owner despite proper notification or stops paying altogether, the situation should be evaluated promptly.

Rent arrears can create additional enforcement options.

The owner should maintain a complete record showing each rent payment date, amount due and amount actually received.

Can the Owner Sell the Property Again While the Tenant Remains?

Generally, the existence of a tenant does not make the property incapable of sale.

However, the tenancy can substantially affect marketability and price.

A buyer seeking immediate occupation may be reluctant to purchase a property involved in an ongoing eviction dispute.

An investor, by contrast, may regard a reliable tenant as an advantage.

If the property is sold again, the continuing lease relationship and any ongoing proceedings should be examined carefully.

Can Foreign Owners Start Proceedings Without Being in Turkey?

Foreign ownership does not generally require the owner to personally attend every procedural step.

A foreign owner may authorize a Turkish lawyer through an appropriate power of attorney to handle relevant legal proceedings, notices, mediation and litigation within the authority granted.

This can be particularly useful for owners who reside abroad.

The power of attorney should be prepared with the required form and authorities for the intended proceedings.

How Long Does Tenant Eviction Take in Turkey?

There is no reliable universal number.

The duration depends on the legal ground, whether the tenant contests the case, mandatory mediation, evidentiary issues, court workload, service of process, appeal possibilities and eventual enforcement.

Foreign buyers should therefore be cautious with anyone promising guaranteed eviction within a fixed number of weeks.

The better strategy is to identify the strongest legal ground at the beginning and avoid procedural errors that can force the owner to restart or substantially delay the process.

2026 Legal Position for Foreign Property Owners

The central landlord-tenant framework remains applicable in 2026, including the protection of existing leases after ownership changes and the special procedure available to qualifying new owners with genuine residential or workplace needs.

A major procedural feature remains mandatory mediation.

The Ministry of Justice continues to confirm that rental disputes have been within the mandatory mediation system since September 1, 2023. Official statistics also show that the mechanism continues to resolve a significant number of landlord-tenant disputes without litigation. (Türkiye Cumhuriyeti Adalet Bakanlığı)

Accordingly, foreign owners relying on older online articles written before September 2023 may encounter outdated procedural advice.

Practical Strategy When the Tenant Refuses to Leave

The foreign owner should first obtain and review the existing lease agreement, title deed records and any eviction undertaking.

The exact acquisition date should then be confirmed immediately because the one-month notification period can be critical for the special new-owner procedure.

If the owner genuinely needs the property, the required written notification should be prepared and served in a legally reliable manner.

Any rent arrears or alternative eviction grounds should also be investigated rather than relying on only one legal theory.

Where mandatory mediation applies, that procedure should be commenced at the appropriate stage. If settlement is impossible, the eviction lawsuit can then be pursued according to the applicable statutory route.

Most importantly, the owner should avoid self-help eviction.

A procedurally correct case is far safer than attempting to force the tenant out through pressure.

Frequently Asked Questions

1. Can I immediately evict a tenant after buying a property in Turkey?

No. Purchasing the property does not automatically terminate an existing lease. The new owner must rely on a legally recognized termination or eviction ground.

2. I bought the property to live in it. Can I evict the tenant?

Potentially, yes. Turkish law provides a special need-based procedure for a new owner who genuinely requires the property for qualifying residential or workplace use.

3. How quickly must I notify the tenant after buying the property?

Where the special acquisition-based new-owner procedure is relied upon, written notice must be given within one month of acquisition. Missing this deadline can affect that particular procedural route.

4. Does the tenant automatically have to leave six months after I purchase the property?

No. Six months is relevant to the statutory new-owner procedure, but it does not create automatic physical eviction. If the tenant refuses to leave, the appropriate legal proceedings must be followed.

5. Do I have to attend mediation before filing an eviction lawsuit?

For rental disputes generally, mandatory mediation has applied since September 1, 2023, subject to statutory exceptions such as specified non-judicial enforcement-based eviction proceedings. (BASIN VE HALKLA İLİŞKİLER MÜŞAVİRLİĞİ)

6. Can I evict the tenant because the existing rent is too low?

Low rent alone does not automatically create a personal-need eviction right. Rent adjustment and rent determination should be distinguished from statutory eviction grounds.

7. Can I change the locks if the tenant refuses to leave?

Attempting self-help eviction can create serious legal risk. Possession should be recovered through the legally prescribed eviction process.

8. What if the seller promised that the tenant would leave after the sale?

The buyer may need to examine both the eviction rights against the tenant and potential contractual remedies against the seller, particularly where vacant possession was expressly promised.

9. Can I evict the tenant if they stop paying rent?

Non-payment can create a separate legal basis for enforcement and potentially eviction if the statutory requirements are satisfied. The correct notices, deadlines and procedural route are critical.

10. Can I handle the eviction while living outside Turkey?

In many cases, yes. A foreign owner can authorize a lawyer in Turkey through an appropriately prepared power of attorney to manage the relevant notices, mediation, court and enforcement procedures.

Legal Support for Foreign Property Owners Facing Tenant Eviction Disputes in Turkey

Purchasing a property and then discovering that the existing tenant refuses to leave can become a serious problem, particularly when the foreign buyer intended to use the property immediately as a home or workplace. The first weeks after acquisition can be decisive because statutory notification deadlines may directly affect the available eviction strategy.

Fırat Fesih Kaya Law Office provides legal assistance to foreign property owners and international investors in matters involving tenant eviction, new-owner residential need, unpaid rent, eviction undertakings, mandatory mediation, landlord-tenant litigation and property purchase disputes in Turkey.

If you have purchased a property in Turkey and the existing tenant refuses to leave, you may contact our office for a case-specific legal assessment. Fırat Fesih Kaya can assist with reviewing the existing lease, calculating critical new-owner deadlines, preparing legally appropriate notices, conducting mandatory mediation and pursuing eviction proceedings where the statutory requirements are satisfied. Obtaining legal assistance early can prevent missed deadlines and help foreign owners recover possession through the correct legal procedure.

Phone: +90 312 434 22 22
Mobile Phone: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No: 221, Yildirim Tower No: 148, 06520 Balgat, Cankaya, Ankara, Turkey